The High Court of Patna dismissed a writ petition filed by five individuals belonging to the Vaishali district regarding BRP/CRC posts. The Single Judge held that the arbitrary change in government guidelines was within the State's policy domain and the petition was not an appropriate occasion for indulgence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13249 of 2014
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Versus
====================================================== Appearance : For the Petitioner/s : Mr. Ram Shankar Das For the Respondent/s : Mr. AC to SC 22
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
Patna High Court CWJC No.13249 of 2014(3) dt.06-11-2018
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ORAL ORDER
3 06-11-2018 The issue is related to BRP/CRC which was decided
by this Court in its judgment dated 16.05.2018 passed in CWJC No. 497 of 2018 and analogous cases. The decision of this Court was approved by a Division Bench as the LPA preferred against the said decision was dismissed. This Court on consideration of the changed guidelines held out that the deputationist has no right to retain the post notwithstanding the change in the guidelines and eligibility criteria.
In view of the subsequent development when the new guideline was placed eligibility criteria has been changed. The Court dismissed the writ petition holding that new policy decision of the State is arbitrary and violative of Articles 14 and 16 of the Constitution of India and not justified.
Considering the aforesaid, I am of the view that no indulgence is required in the present case. The writ petition is accordingly dismissed.
(Anil Kumar Upadhyay, J)
mrl./-
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1 issue framed by the court
Whether a writ petition challenging the changed eligibility criteria for deputationist posts is maintainable.
Randhir Kumar Bimlendu S/o - Shree Harishankar Singh
Moti Lal Paswan S/o - Sri Achhelal Paswan
Maneesh Kumar S/o - Late Raghunath Singh
Sujeet Kumar S/o - Sri Kiran Kumar Yadav
Ranjeet Kumar Singh S/o - Sri Jagdish Singh
The State of Bihar through District Education Officer, Vaishali
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
